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Old May 3rd 05, 06:15 PM
Dave Hall
 
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On Tue, 03 May 2005 13:50:49 GMT, "Landshark"
wrote:


"Dave Hall" wrote in message
.. .
On Tue, 03 May 2005 01:53:26 -0700, Frank Gilliland
wrote:


While they may not
specifically say it this way, the fact that you got a ticket, is
evidence of guilt, and you have to try your best to prove that you're
not guilty. The word of one cop is enough, in most cases, to render a
"guilty" verdict, unless you're damn lucky and can somehow "prove"
your innocence


Um Dave, when the officer hands the book to you and says "sign here"
he always says: " This is not an admission of guilt, but a promissory to
appear in court", so how does your statement apply?


In Pa, you sign to acknowledge receipt of the citation. You then have
the choice to either plead guilty and remit the amount of the fine to
the address included. Or, you can plead "not guilty" and take your
chances fighting in court. But unless you have some means of actually
proving your innocence beyond that of playing he said- he said with a
cop, you pretty much have the cards stacked against you. Oh, and you
will be assessed court costs in addition to your fine if found guilty.


If you didn't do anything wrong, you have the RIGHT to appear in
court, present your evidence to the JUDGE and let him make the
decision, not a bunch of people sitting around a table, drinking
coffee, eating donuts and then saying....."um, this guy said SH*T,
let's fine him..........$25,000.00, yeah, that's a good amount"


Whether or not you did something wrong or not may be open to
subjective interpretation. Most cops would not bother to write someone
a ticket for not coming completely to a stop and waiting the required
3 seconds before proceeding at a stop sign. But the point between
what's an acceptable stop and one that's not, is a subjective gray
area, and not one that you will usually win. Most traffic law issues
are not always black and white. Yes, if you actually feel that you
were unfairly targeted, you might be tempted to fight. But if you are
still guilty of violating the letter of the law, if not the intent,
you might find it a tough battle.

On the other hand, if you **** off a cop and he pulls you over and
"invents" a few charges to stick you with, you will still have a hard
time proving that you did not commit them unless, of course, the cop
in question has a history of abusing his power in such a way.

Is this fair? No. But is it a fact of life? Certainly.



You have a better chance of beating a ticket if your inocent than
an FCC fine, at least you appear before a Judge and you can request
a jury trial, try to do that with a FCC NAL.


You can fight an NAL as well. In most cases the FCC gives fair warning
before handing out the NAL. If you heed the warning, in most cases
that will be the end of it. I haven't read any accounts of people
popped by the FCC who weren't guilty of the offense charged. In most
cases, their "defense" consists of crying poor, or somehow trying to
justify their actions. Some of the excuses given are quite laughable.


Why play word games? The end result is the same. The accuser has to
prove his innocence, by discrediting the evidence against him. The cop
is not required to demonstrate 6 different ways from Sunday how the
accuser is guilty "beyond a reasonable doubt". He only has to show up
and testify that the accuser ran such and such red light, and it's his
word against the accuser's. So who does the court tend to believe? How
is this a "presumption of innocence"?


What word games? The officer presents his evidence, then you have your
turn, do you think that just because he's a police officer he's always
right?


No, he's not always right, but he's more credible in the eyes of the
court than Joe Average Citizen. Cops are viewed with a certain amount
of public trust. If it comes down to a battle of testimony between
you and the cop, the court will side with the cop in most cases.

If you present the correct type of evidence, witness's, you will be found
innocent.


Tell me, just how great are your chances of having an impartial
witness around when you need them, or having some other form of
concrete exculpatory evidence?

You are talking how things should be in theory. I'm talking about how
they are in reality. In an ideal world, all innocent people would
never be accused or wrongly convicted of a crime. The real world
paints an entirely different picture. I'm not saying it's right. I'm
just acknowledging that it happens.


I'm waiting until the FCC gets into the Satellite radio scene.


I'm waiting until the FCC starts regulating the internet.



It's coming.



That's a very sad statement Dave, if you can't regulate what you
hear and watch, you have to have the governmet do it for you.
A clear case.......... Lack of self control.


It's an unfortunate truth that there are some people out there that
can't exercise self control and, by their lack of respect for others,
pollute the public venues with inappropriate behavior. Barring
vigilante justice, government intervention is often the only sensible
alternative.

Ironically, I tend to be a "minimal governmental intrusion" advocate.
But as more and more people adopt an "in your face" attitude with
respect to their perceived rights, I start to understand the need for
stricter controls.


Homosexuality is a disorder of the brain. Not much different than
schizophrenia, bipolar, or a host of other disorders. We should be
looking for ways to treat and correct it, not for reasons to excuse
it.


LOL!!!! Dr. Sigmund Hall is in the office..... Too funny


You disagree? You obviously haven't read the studies on the subject.



A marriage is a symbolic ritual of bonding that occurs between
biologically compatible couples. There can be no natural procreation
in a homosexual union. So yes, those values ARE diminished.


Symbolic Yes. I'm not sure what you mean by "biologically compatible"
Do you mean, if your gay, you can't be a compatible couple?


You cannot procreate, which is the whole point of marriage and family.


Don't get me wrong Dave, I agree with you on "Gay marriage", I think
your words are wrong though.


In what way?


Too much stuff to comment on here Dave, you have got way to much time
on your hands, I for one have to get to work, see yaa.


I'm already here. I'm on lunch right now. My day is 2/3rds over. This
small distraction is hardly a dent in my work day.


Dave
"Sandbagger"
http://home.ptd.net/~n3cvj